Case: Rafeedie v. Immigration and Naturalization Service

1:88-cv-00366 | U.S. District Court for the District of Columbia

Filed Date: Feb. 12, 1988

Closed Date: June 5, 1997

Clearinghouse coding complete

Case Summary

In 1988, plaintiff Rafeedie, a Jordanian national and permanent resident alien who had resided in the U.S. since 1975, filed suit in the U.S District Court for the District of Columbia to challenge the decision of the Immigration and Naturalization Service ("INS") to conduct summary exclusion proceedings against him under Section 235(c) of the Immigration and Nationality Act (the "Act"), 8 U.S.C. § 1225(c). The INS invoked the summary procedure on alleged confidential information that it recei…

In 1988, plaintiff Rafeedie, a Jordanian national and permanent resident alien who had resided in the U.S. since 1975, filed suit in the U.S District Court for the District of Columbia to challenge the decision of the Immigration and Naturalization Service ("INS") to conduct summary exclusion proceedings against him under Section 235(c) of the Immigration and Nationality Act (the "Act"), 8 U.S.C. § 1225(c). The INS invoked the summary procedure on alleged confidential information that it received which indicated that plaintiff was a high-ranking member of the Popular Front for the Liberation of Palestine. ("PFLP"). Under the summary proceedings, plaintiff was not given a hearing, had no opportunity to present witnesses. He was only allowed to present a written statement without knowing what evidence the government allegedly had against him. Plaintiff claimed that these summary proceedings violated the Due Process Clause of the Fifth Amendment and his rights under the First Amendment rights. He moved for a preliminary injunction barring the INS from conducting summary and ordinary exclusion proceedings.

The government moved to dismiss for a variety of reasons, including failure to exhaust administrative remedies.

On June 15, 1988, the District Court denied the government's motion to dismiss and granted plaintiffs motion for a preliminary injunction and denied plaintiff's motion for partial summary judgment as to some of his claims. Rafeedie v. I.N.S., 688 F.Supp. 729 (D.D.C. 1988). Reconsideration was denied but a stay was granted pending appeal. Rafeedie v. I.N.S., 1988 WL 90201 (D.D.C. Aug 04, 1988).

On appeal, United States Court of Appeals for the District of Columbia Circuit affirmed in part as to the injunction against summary exclusion proceedings under section 1225(c), but reversed the injunction against ordinary proceedings under 8 U.S.C. § 1226, and reversed the holding that Rafeedie may not have a right to due process. The case was remanded for further proceedings. Rafeedie v. I.N.S., 880 F.2d 506, 279 (D.C.Cir. 1989)

On remand, the District Court (Judge Joyce Hens Green) granted summary judgment to plaintiff in part and to the government in part. The Court held that the INS' attempt to use summary exclusion proceedings against the plaintiff violated due process. The Court noted that until this case, the INS had not utilized summary exclusion procedures against permanent residents for 40 years and that such proceedings were not warranted given the facts developed in the record. The Court also found that several sections of the challenged statute were constitutionally invalid. Rafeedie v. I.N.S., 795 F.Supp. 13 (D.D.C. 1992). Both parties appealed but subsequently withdrew their appeals and entered into a Settlement Agreement. Under the terms of the settlement, the government agreed to admit Rafeedie as a permanent resident alien and dropped its exclusion proceedings against him.

Following the settlement, plaintiff moved for an award of attorneys' fees and costs, which the District Court granted in the amount of $258,385.00. Rafeedie v. I.N.S, 1996 U.S. Dist. LEXIS 22505 (Aug. 22, 1996). The government appealed the fee award but subsequently dismissed its appeal.

Summary Authors

Dan Dalton (12/21/2007)

People


Judge(s)

Green, Joyce Hens (District of Columbia)

Attorneys(s) for Plaintiff

Cole, David L. Jr. (Maryland)

Dyk, Timothy B. (District of Columbia)

Fennerty, James Russell (Illinois)

Kircher, Kerry W. (District of Columbia)

Lapiana, John K. (District of Columbia)

Maggio, Michael (District of Columbia)

Taylor, William W. III (District of Columbia)

Van Der Hout, Marc (California)

Attorneys(s) for Defendant

Hausman, Allen W. (District of Columbia)

Judge(s)

Green, Joyce Hens (District of Columbia)

Attorneys(s) for Plaintiff

Cole, David L. Jr. (Maryland)

Dyk, Timothy B. (District of Columbia)

Fennerty, James Russell (Illinois)

Kircher, Kerry W. (District of Columbia)

Lapiana, John K. (District of Columbia)

Maggio, Michael (District of Columbia)

Taylor, William W. III (District of Columbia)

Van Der Hout, Marc (California)

Attorneys(s) for Defendant

Hausman, Allen W. (District of Columbia)

Hunolt, James A. (District of Columbia)

Joyce, William P. (Massachusetts)

Lindemann, Michael (District of Columbia)

Wendtland, Linda S. (District of Columbia)

Other Attorney(s)

Spitzer, Arthur (District of Columbia)

Documents in the Clearinghouse

Document

1:88-cv-00366

Docket (PACER)

Rafeedie v. INS

June 9, 1997

June 9, 1997

Docket
39

1:88-cv-00366

Memorandum Opinion [re: Preliminary Injunction, Summary Judgment, and Motion to Dismiss]

688 F.Supp. 729

June 15, 1988

June 15, 1988

Order/Opinion
52

1:88-cv-00366

Order [re: Reconsideration]

1988 WL 90201

Aug. 4, 1988

Aug. 4, 1988

Order/Opinion
82

1:88-cv-00366

Memorandum Opinion

795 F.Supp. 13

May 28, 1992

May 28, 1992

Order/Opinion
113

1:88-cv-00366

Memorandum Opinion and Order [re: Attorneys' Fees and Costs]

1996 U.S.Dist.LEXIS 22505

Aug. 22, 1996

Aug. 22, 1996

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
102

ORDER by Judge Stanley S. Harris : granting motion to extend time to 9/14/94 in which to respond to plaintiff's motion for attorneys' fees and costs [101-1] by INS, EDWIN A. MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN plaintiff's reply to motion due 10/14/94 (N) (dbw) (Entered: 08/22/1994)

Aug. 22, 1949

Aug. 22, 1949

1

COMPLAINT filed; Exhibits (6); summons issued (ew) (Entered: 02/16/1988)

Feb. 12, 1988

Feb. 12, 1988

2

MOTION by plaintiff FOUAD YACOUB RAFEEDIE for DAVID COLE to appear pro hac vice (ew) (Entered: 02/16/1988)

Feb. 12, 1988

Feb. 12, 1988

3

MOTION by plaintiff FOUAD YACOUB RAFEEDIE to file excess pages limitation ;EXHIBIT (MOTION FOR PRELIMINARY INJUNCTION WITH P&A'S) (ew) (Entered: 02/16/1988)

Feb. 12, 1988

Feb. 12, 1988

4

NOTICE OF SERVICE of motions for admission pro hac vice, leave to exceed page limitation, preliminary injunction and summary judgment and request for hearing (je) (Entered: 02/18/1988)

Feb. 16, 1988

Feb. 16, 1988

6

ATTORNEY APPEARANCE for defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN MEESE III, defendant INS by Allen W. Hausman (hls) (Entered: 02/19/1988)

Feb. 18, 1988

Feb. 18, 1988

7

MOTION by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN MEESE III, defendant INS to extend time to 3/11/88 to oppose pltf's motions for preliminary injunction and partial summary judgment (je) (Entered: 02/22/1988)

Feb. 19, 1988

Feb. 19, 1988

8

RESPONSE (OPPOSITIONS) by plaintiff FOUAD YACOUB RAFEEDIE motion to extend time to 3/11/88 to oppose pltf's motions for preliminary injunction and partial summary judgment [7-1] by INS, EDWIN MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN (je) (Entered: 02/23/1988)

Feb. 22, 1988

Feb. 22, 1988

9

ORDER by Judge Joyce H. Green granting motion for DAVID COLE to appear pro hac vice [2-1] for all purposes (N) (je) (Entered: 02/23/1988)

Feb. 22, 1988

Feb. 22, 1988

10

ORDER by Judge Joyce H. Green granting motion to file excess pages limitation [3-1] (N) (je) (Entered: 02/23/1988)

Feb. 22, 1988

Feb. 22, 1988

11

MOTION by plaintiff FOUAD YACOUB RAFEEDIE for preliminary injunction , and for partial summary judgment ; exhibits (3) (je) (Entered: 02/23/1988)

Feb. 22, 1988

Feb. 22, 1988

12

NOTICE OF FILING by plaintiff FOUAD YACOUB RAFEEDIE of Exhibit 1 to memorandum in support of motions for preliminary injunction and partial summary judgment; attachment (fiat) JOYCE HENS GREEN, J. (je) Modified on 02/29/1988 (Entered: 02/23/1988)

Feb. 22, 1988

Feb. 22, 1988

13

RETURN OF SERVICE executed as to defendant EDWIN MEESE III 2/16/88; attachment (je) (Entered: 02/24/1988)

Feb. 23, 1988

Feb. 23, 1988

STATUS HEARING before Judge Joyce H. Green : OTBP reporter Gordon Slodysko (je) (Entered: 02/24/1988)

Feb. 23, 1988

Feb. 23, 1988

14

ORDER by Judge Joyce H. Green granting in part, denying in part motion to extend time to 3/11/88 to oppose pltf's motions for preliminary injunction and partial summary judgment [7-1] response to motions deadline 3/11/88 , reply to response for summary judgment due 3/23/88, deft's reply to response to motion to dismiss due 3/28/88 , denying request of pltf for consolidation of the hearing on motions, and status hearing for 10:30 4/8/88 , each side given 40 minutes; and defts consent to extend time for pltf to submit his "written statement and accompanying information to 10 days after a decision on motions (N) (je) (Entered: 02/24/1988)

Feb. 23, 1988

Feb. 23, 1988

15

AFFIDAVIT OF SERVICE of summons and complaint upon defendant INS 2/18/88; attachment (je) (Entered: 02/25/1988)

Feb. 24, 1988

Feb. 24, 1988

16

ATTORNEY APPEARANCE for defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN MEESE III, defendant INS by Linda S. Wendtland, William P. Joyce CD/N (je) (Entered: 03/14/1988)

March 11, 1988

March 11, 1988

18

MOTION by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN MEESE III, defendant INS to dismiss (je) (Entered: 03/14/1988)

March 11, 1988

March 11, 1988

19

MEMORANDUM by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN MEESE III, defendant INS in opposition to motion for partial summary judgment [11-2] by FOUAD YACOUB RAFEEDIE; exhibits (55); attachments (2), appendixes (2) (je) Modified on 03/15/1988 (Entered: 03/14/1988)

March 11, 1988

March 11, 1988

SUMMONS (3) issued (je) (Entered: 03/16/1988)

March 16, 1988

March 16, 1988

20

ORDER by Judge Joyce H. Green : status hearing rescheduled for 10:00 4/11/88 on defts motion to dismiss and pltf's preliminary injunction (N) (je) (Entered: 03/17/1988)

March 16, 1988

March 16, 1988

21

ORDER by Judge Joyce H. Green : granting motion to file opposition to motion for preliminary injunction in excess page limitation [17-1] (N) (je) (Entered: 03/23/1988)

March 22, 1988

March 22, 1988

22

MEMORANDUM by defendant in opposition to motion for preliminary injunction [11-1] by FOUAD YACOUB RAFEEDIE (je) (Entered: 03/23/1988)

March 22, 1988

March 22, 1988

23

AFFIDAVIT OF SERVICE of summons and complaint upon defendant JAMES BUCK 3/18/88; attachment (je) (Entered: 03/24/1988)

March 23, 1988

March 23, 1988

24

AFFIDAVIT OF SERVICE of summons and complaint upon defendant ROBERT L. BROWN 3/21/88; attachment (je) (Entered: 03/24/1988)

March 23, 1988

March 23, 1988

25

REQUEST (renewed) by plaintiff FOUAD YACOUB RAFEEDIE for consolidation of hearing on motions (je) (Entered: 03/24/1988)

March 23, 1988

March 23, 1988

26

MEMORANDUM by plaintiff FOUAD YACOUB RAFEEDIE in opposition to motion to dismiss [18-1] by INS, EDWIN MEESE III, ALAN NELSON, JAMES BUCK, ROBERT L. BROWN (je) (Entered: 03/24/1988)

March 23, 1988

March 23, 1988

27

MOTION by plaintiff FOUAD YACOUB RAFEEDIE to file excess pages limitation ; (exhibit--REPLY) (je) (Entered: 03/24/1988)

March 23, 1988

March 23, 1988

28

AFFIDAVIT OF SERVICE of summons and complaint upon defendant ALAN C. NELSON 3/22/88; attachment (je) (Entered: 03/24/1988)

March 24, 1988

March 24, 1988

29

REPLY to memorandum in opposition [19-1] by INS, EDWIN MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN by plaintiff FOUAD YACOUB RAFEEDIE (fiat) (cjp) (Entered: 03/28/1988)

March 24, 1988

March 24, 1988

30

RESPONSE by defendant motion for consolidation of hearing on motions [25-1] by FOUAD YACOUB RAFEEDIE (cjp) (Entered: 03/28/1988)

March 25, 1988

March 25, 1988

32

REPLY to memorandum in opposition [22-1] by INS, EDWIN MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN by plaintiff FOUAD YACOUB RAFEEDIE; exhibit (1) (cjp) (Entered: 03/28/1988)

March 25, 1988

March 25, 1988

31

ORDER by Judge Joyce H. Green : granting motion to file excess pages limitation [27-1] (N) (cjp) (Entered: 03/28/1988)

March 28, 1988

March 28, 1988

33

REPLY to memorandum in opposition [26-1] by FOUAD YACOUB RAFEEDIE by defendants; addendum (cjp) (Entered: 03/29/1988)

March 28, 1988

March 28, 1988

34

ORDER by Judge Joyce H. Green : granting motion for consolidation of hearing on motions [25-1] for preliminary injunction/partial summary judgment (N) (je) (Entered: 04/08/1988)

April 7, 1988

April 7, 1988

35

NOTICE OF FILING by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN MEESE III, defendant INS of declaration of Ambassador L. Paul Bremer, III; attachment (je) (Entered: 04/12/1988)

April 11, 1988

April 11, 1988

MOTION HEARING by FOUAD YACOUB RAFEEDIE motion for partial summary judgment [11-2] taken under advisement, by FOUAD YACOUB RAFEEDIE motion for preliminary injunction [11-1] taken under advisement, by INS, EDWIN MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN motion to dismiss [18-1] taken under advisement before Judge Joyce H. Green : reporter Gordon Slodysko (je) (Entered: 04/12/1988)

April 11, 1988

April 11, 1988

36

LETTER dated 4/14/88 from Fergus McKeever to Judge Joyce Hens Green regarding treatment of Rafeedie (FIAT) (N) JOYCE GREEN, J. (je) (Entered: 04/21/1988)

April 20, 1988

April 20, 1988

37

ORDER by Judge Joyce H. Green : directing the parties to advise the court in writing by 5/18/88 whether they consent to an extension of the status quo until 6/1/88 (N) (je) (Entered: 05/17/1988)

May 16, 1988

May 16, 1988

38

ORDER by Judge Joyce H. Green : directing parties to advise the Court in Writing by 6/1/88 whether they consent to an extension of the status quo until 6/20/88 (N) (je) (Entered: 06/01/1988)

May 31, 1988

May 31, 1988

39

MEMORANDUM OPINION by Judge Joyce H. Green (N) (je) (Entered: 06/16/1988)

June 15, 1988

June 15, 1988

40

Preliminary Injunction ORDERED by Judge Joyce H. Green : granting motion for preliminary injunction [11-1] by FOUAD YACOUB RAFEEDIE; defts and their officer, employees, agents, servants and attorneys, be and they are HEREBY preliminarily enjoined from continuing to conduct exclusion proceedings against pltf under Section 235(c) of the Immigration & Nationality Act, 8 USC Sec. 1225(c) or from conduction any exclusion proceeding against pltf on the basis of charges brought under 8 USC Sec. 1182(a)(27) and (a)(28)(F) and entering any order of exclusion or deportation against pltf on the basis of proceedings conduction under these sections; and it is FURTHER ORDERED that this preliminary injunction shall continue in FULL FORCE AND EFFECT UNTIL THE CONCLUSION OF THIS LITIGATION OR UNTIL EARLIER ORDER OF THE COURT; SO ORDERED. (N) (je) (Entered: 06/16/1988)

June 15, 1988

June 15, 1988

41

MOTION by plaintiff FOUAD YACOUB RAFEEDIE for reconsideration , or, in the alternative for order certifying issue as appropriate for immediate appeal ; attachments (2) (je) (Entered: 06/29/1988)

June 29, 1988

June 29, 1988

43

MOTION for American Civil Liberties Union and American Immigration Lawyers Association to file amicus brief in support of pltf's motion for reconsideration ; (exhibit-- MEMORANDUM) (je) (Entered: 07/06/1988)

July 1, 1988

July 1, 1988

44

ORDER by Judge Joyce H. Green : granting motion for order suspending status call [42-1] by FOUAD YACOUB RAFEEDIE; suspending status call set for 7/7/88 until further order of the Court (N) (je) (Entered: 07/06/1988)

July 1, 1988

July 1, 1988

45

ORDER by Judge Joyce H. Green : granting motion for American Civil Liberties Union and American Immigration Lawyers Association to file amicus brief in support of pltf's motion for reconsideration [43-1] (N) (je) (Entered: 07/11/1988)

July 8, 1988

July 8, 1988

46

MEMORANDUM by amicus AMER.CIVIL LIB.UNION, amicus AMER. IMMIG. LAWYERS in support of motion for reconsideration [41-1] by FOUAD YACOUB RAFEEDIE (je) (Entered: 07/11/1988)

July 8, 1988

July 8, 1988

47

RESPONSE by defendant INS, defendant EDWIN MEESE III, defendant ALAN C. NELSON, defendant JAMES BUCK, defendant ROBERT L. BROWN to motion for reconsideration [41-1] by FOUAD YACOUB RAFEEDIE (je) (Entered: 07/12/1988)

July 11, 1988

July 11, 1988

48

REPLY by plaintiff FOUAD YACOUB RAFEEDIE to response to motion for reconsideration [41-1] by FOUAD YACOUB RAFEEDIE, motion for order certifying issue as appropriate for immediate appeal [41-2] by FOUAD YACOUB RAFEEDIE (je) (Entered: 07/19/1988)

July 18, 1988

July 18, 1988

49

NOTICE OF INTERLOCUTORY APPEAL by defendant INS, defendant EDWIN MEESE III, defendant ALAN C. NELSON, defendant JAMES BUCK, defendant ROBERT L. BROWN from Order entered 6/16/88. No fee paid/US Government. Copies mailed to Kerry W. Kircher and Arthur B. Spitzer. (je) (Entered: 07/19/1988)

July 18, 1988

July 18, 1988

TRANSMITTED PRELIMINARY RECORD on appeal [49-1] by ROBERT L. BROWN, JAMES BUCK, ALAN C. NELSON, EDWIN MEESE III, INS to U.S. Court of Appeals (je) (Entered: 07/19/1988)

July 19, 1988

July 19, 1988

Text not available. (Entered: 07/26/1988)

July 25, 1988

July 25, 1988

50

SUPPLEMENTAL MEMORANDUM to reply to motion for reconsideration or for order [48-1] by FOUAD YACOUB RAFEEDIE (je) (Entered: 07/26/1988)

July 25, 1988

July 25, 1988

51

NOTICE OF FILING by defendant INS, defendant EDWIN MEESE III, defendant ALAN C. NELSON, defendant JAMES BUCK, defendant ROBERT L. BROWN certificate as to transcript and statement of issues to be presented on appeal. USCA/N (ela) (Entered: 08/01/1988)

July 27, 1988

July 27, 1988

USCA# 88-5240 assigned for appeal [49-1] by ROBERT L. BROWN, JAMES BUCK, ALAN C. NELSON, EDWIN MEESE III, INS (ela) (Entered: 07/28/1988)

July 28, 1988

July 28, 1988

52

ORDER by Judge Joyce H. Green : denying motion for reconsideration of Court's decision of 6/15/88 as to Count II [41-1] by FOUAD YACOUB RAFEEDIE; denying without prejudice to renew pltf's motion for reconsideration of Court's decision of 6/15/88 as to Count IV; granting pltf's motion for certification of issues regarding Count II; staying this action pending further resolution of issues on appeal. (N) (je) (Entered: 08/05/1988)

Aug. 4, 1988

Aug. 4, 1988

TRANSMITTED RECORD ON appeal [49-1] by ROBERT L. BROWN, JAMES BUCK, ALAN C. NELSON, EDWIN MEESE III, INS to U.S. Court of Appeals. (USCA#88-5240) (ela) (Entered: 10/13/1988)

Oct. 13, 1988

Oct. 13, 1988

RECEIPT ACKNOWLEDGED for record delivered to USCA. USCA#88-5240. (ela) (Entered: 10/14/1988)

Oct. 13, 1988

Oct. 13, 1988

53

NOTICE by plaintiff's counsel of change of address (ZUCKERMAN, SPAEDER, GOLDSTEIN, TAYLOR & KOLKER, 1201 Connecticut Avenue, N.W., Washington, DC 20036, 202/778-1800) CD/N (je) (Entered: 01/23/1989)

Jan. 18, 1989

Jan. 18, 1989

54

TRANSCRIPT filed for date of 4/11/88 reporter: G.A. SLODYSKO (ela) (Entered: 07/31/1989)

July 28, 1989

July 28, 1989

55

ANSWER for defendants ROBERT L. BROWN, JAMES BUCK, ALAN C. NELSON, EDWIN A. MEESE III, INS , (ajr) (Entered: 11/21/1989)

Nov. 17, 1989

Nov. 17, 1989

56

MOTION by ROBERT L. BROWN, JAMES BUCK, ALAN C. NELSON, EDWIN A. MEESE III, INS for judgment on the pleadings (ajr) (Entered: 11/21/1989)

Nov. 17, 1989

Nov. 17, 1989

58

MOTION by plaintiff FOUAD YACOUB RAFEEDIE for status hearing , to stay temporarily plaintiff's obligation to respond to defendants' motion fjor judgement on the pleadings , or, for to extend time to 1/19/90 in which to repond to defendants' motion for judgement on the pleadings (ajr) (Entered: 12/07/1989)

Dec. 5, 1989

Dec. 5, 1989

57

CERTIFIED COPY of judgment filed in USCA on 7/21/89 Affirming In Part, REVERSING In Part the Judgment of USDC and REMANDING these cases to USDC in accordance with the Opinion; OPINION, appeal [49-1] by INS, EDWIN A. MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN USCA# 88-5240 & 88-5267 (ela) (Entered: 12/07/1989)

Dec. 6, 1989

Dec. 6, 1989

AWARD OF COSTS filed in USCA to Fouad Yaoub Rafeedie and taxed against Immigration & Naturalization Service, et al. in the amount of $485.91. (USCA#88-5240;88-5267) (ela) (Entered: 12/07/1989)

Dec. 6, 1989

Dec. 6, 1989

59

RESPONSE by defendant motion for status hearing [58-1] by FOUAD YACOUB RAFEEDIE, motion to stay temporarily plaintiff's obligation to respond to defendants' motion fjor judgement on the pleadings [58-2] by FOUAD YACOUB RAFEEDIE, motion to extend time to 1/19/90 in which to repond to defendants' motion for judgement on the pleadings [58-3] by FOUAD YACOUB RAFEEDIE (ajr) (Entered: 12/08/1989)

Dec. 6, 1989

Dec. 6, 1989

60

ORDER by Judge Joyce H. Green : granting motion to extend time to 1/19/90 in which to repond to defendants' motion for judgement on the pleadings [58-3] by FOUAD YACOUB RAFEEDIE response to motion due 1/19/90 for FOUAD YACOUB RAFEEDIE ; reply to motion due 2/2/90 ; (N) (ajr) (Entered: 12/14/1989)

Dec. 11, 1989

Dec. 11, 1989

62

MOTION by plaintiff FOUAD YACOUB RAFEEDIE for leave to file in excess of pages' limitation his memo in support of his renewed motion for partial summary judgement and in opposition to defendants' motion fjor judgement on the pleadings EXHIBIT (memorandum) (ajr) (Entered: 01/23/1990)

Jan. 19, 1990

Jan. 19, 1990

64

MOTION by defendant to extend time to 2/2/90 in which to respond to plaintiff's renewed motion for partial summary judgement , and to file in excess of pages' limitation their response to plaintiff's renewed motion for partial summary judgement (ajr) (Entered: 01/23/1990)

Jan. 22, 1990

Jan. 22, 1990

63

ORDER by Judge Joyce H. Green : granting motion for leave to file in excess of pages' limitation his memo in support of his renewed motion for partial summary judgement and in opposition to defendants' motion fjor judgement on the pleadings [62-1] by FOUAD YACOUB RAFEEDIE (N) (jaw) (Entered: 01/23/1990)

Jan. 23, 1990

Jan. 23, 1990

65

MOTION by plaintiff FOUAD YACOUB RAFEEDIE for partial summary judgment Appendix (ajr) (Entered: 01/25/1990)

Jan. 23, 1990

Jan. 23, 1990

66

ORDER by Judge Joyce H. Green : granting motion to extend time to 2/2/90 in which to respond to plaintiff's renewed motion for partial summary judgement [64-1] by INS, EDWIN A. MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN, granting motion to file in excess of pages' limitation their response to plaintiff's renewed motion for partial summary judgement [64-2] by INS, EDWIN A. MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN response to motion for summary judgement due 2/2/90 (N) (ajr) (Entered: 01/25/1990)

Jan. 23, 1990

Jan. 23, 1990

67

STIPULATION filed and fiated by Judge Joyce H. Green that plaintiff may file 1st amended complaint (N) (fiat) (ajr) (Entered: 01/25/1990)

Jan. 24, 1990

Jan. 24, 1990

68

AMENDED COMPLAINT by plaintiff FOUAD YACOUB RAFEEDIE amending complaint [1-1]. Exhibits (6) (ajr) (Entered: 01/25/1990)

Jan. 24, 1990

Jan. 24, 1990

69

ANSWER by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN A. MEESE III, defendant INS to amended complaint (cjp) (Entered: 02/05/1990)

Feb. 2, 1990

Feb. 2, 1990

70

REPLY by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN A. MEESE III, defendant INS to opposition to motion for judgment on the pleadings [56-1] by INS, EDWIN A. MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN (cjp) (Entered: 02/05/1990)

Feb. 2, 1990

Feb. 2, 1990

71

RESPONSE by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN A. MEESE III, defendant INS in opposition to motion for partial summary judgment [65-1] by FOUAD YACOUB RAFEEDIE (cjp) (Entered: 02/05/1990)

Feb. 2, 1990

Feb. 2, 1990

72

MOTION by plaintiff FOUAD YACOUB RAFEEDIE to extend time to 2/23/90 to reply to motion for partial summary judgment (clv) (Entered: 02/06/1990)

Feb. 5, 1990

Feb. 5, 1990

74

CERTIFIED COPY of judgment filed in USCA on 7/21/90 Affirming In Part and Reversing In Part the judgment of USDC and REMANDING case to USDC with instructions and for further proceedings, all in accordance with the Opinion. OPINION; appeal [49-1] by INS, EDWIN A. MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN USCA# 88-5240 (ela) (Entered: 02/22/1990)

Feb. 20, 1990

Feb. 20, 1990

AWARD OF COSTS filed in USCA to appellee/cross appellant, Fouad Yacoub Refeedie and taxed against appellant/cross appellee, Immigration and Naturalization Service, et al. in the sum of $485.91. USCA88-5240 & 88-5267 (ela) (Entered: 02/22/1990)

Feb. 20, 1990

Feb. 20, 1990

75

REPLY by plaintiff FOUAD YACOUB RAFEEDIE to response to motion for partial summary judgment [65-1] by FOUAD YACOUB RAFEEDIE. Attachments (2) (ajr) (Entered: 02/26/1990)

Feb. 23, 1990

Feb. 23, 1990

76

NOTICE OF FILING by plaintiff FOUAD YACOUB RAFEEDIE of opinion from USDC/CD California, attached to plaintiff's reply [75-1] concerning his renewed motion for partial summary judgement (q.v.) (ajr) (Entered: 02/26/1990)

Feb. 23, 1990

Feb. 23, 1990

77

NOTICE OF FILING by plaintiff FOUAD YACOUB RAFEEDIE of executed declaration of Ibrahim Abu-Lughod. Attachment (ajr) (Entered: 03/15/1990)

March 15, 1990

March 15, 1990

78

ORDER by Judge Joyce H. Green : parties shall advise the Court by 5/4/92 of the recent legislative & judicial developments, their impact on the instant case & the various causes of actions, and of the status of pltf's exclusion proceedings (N) (jaw) (Entered: 04/08/1992)

April 8, 1992

April 8, 1992

79

MEMORANDUM by plaintiff(s) FOUAD YACOUB RAFEEDIE in response to 4/7/92 Court order; attachments (sm) (Entered: 05/05/1992)

May 4, 1992

May 4, 1992

80

MEMORANDUM by defendants in response to 4/8/92 Court order (sm) (Entered: 05/05/1992)

May 4, 1992

May 4, 1992

81

ATTORNEY APPEARANCE for defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN A. MEESE III, defendant INS by Michael P. Lindemann and James A. Hunolt (sm) Modified on 05/05/1992 (Entered: 05/05/1992)

May 5, 1992

May 5, 1992

82

MEMORANDUM OPINION by Judge Joyce H. Green : granting in part, denying in part motion of pltf. for summary judgment [65-1]; granting in part, denying in part motion of defts. for on the pleadings [56-1]; entering judgment in favor of the defts. as to Count 1 of the complaint; declaring that defts. conduct of exclusion proceedings against pltf. under 8 USC 1225(c) have violated the due process cause of the 5th Amendment of the Constitution; declaring that 8 USC (a)(27) and (a)(28)(F) violate the lst Amendment of the Constitution ; and this case stands dismissed (N) (jaw) (Entered: 05/28/1992)

May 28, 1992

May 28, 1992

84

MOTION filed by plaintiff(s) FOUAD YACOUB RAFEEDIE for clarification of opinion and judgment (sm) (Entered: 07/01/1992)

June 30, 1992

June 30, 1992

85

MEMORANDUM by defendant in opposition to motion for clarification of opinion and judgment [84-1] by FOUAD YACOUB RAFEEDIE (sm) (Entered: 07/14/1992)

July 13, 1992

July 13, 1992

86

REPLY by plaintiff(s) FOUAD YACOUB RAFEEDIE to response to motion for clarification of opinion and judgment [84-1] by FOUAD YACOUB RAFEEDIE (sm) (Entered: 07/22/1992)

July 21, 1992

July 21, 1992

87

ORDER by Judge Joyce H. Green : denying motion for clarification of opinion and judgment [84-1] by FOUAD RAFEEDIE; inserting number "1182" before "(a)(27)" on line 3 of page 24 of the Memorandum Opinion dated 5/28/92 (N) (jaw) (Entered: 07/22/1992)

July 22, 1992

July 22, 1992

88

NOTICE OF APPEAL by defendant from Judgment [83-1] entered on: 5/28/92 ; No fee paid./U.S. Govt. Copies mailed to David Cole, Mark Van Der Hout, William W. Taylor, Michael Maggio, and James R. Fennerty (sm) (Entered: 07/27/1992)

July 24, 1992

July 24, 1992

TRANSMITTED PRELIMINARY RECORD on appeal [88-1] by INS, EDWIN A. MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN to U.S. Court of Appeals (sm) (Entered: 07/27/1992)

July 27, 1992

July 27, 1992

USCA # 92-5270 assigned for appeal [88-1] by INS, EDWIN A. MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN (sm) (Entered: 07/30/1992)

July 29, 1992

July 29, 1992

89

NOTICE OF CROSS-APPEAL by plaintiff(s) FOUAD YACOUB RAFEEDIE from order [82-3] entered on: 5/28/92; Fee has not been paid; Copies mailed to Michael P. Lindemann and James A. Hunolt (sm) (Entered: 08/04/1992)

July 31, 1992

July 31, 1992

TRANSMITTED PRELIMINARY RECORD on appeal [89-1] by FOUAD YACOUB RAFEEDIE to U.S. Court of Appeals (sm) (Entered: 08/04/1992)

Aug. 4, 1992

Aug. 4, 1992

DEPOSIT of $100.00 docketing fee and $5.00 filing fee for purposes of appeal into the Registry of the Court by plaintiff RAFEEDIE (sm) (Entered: 08/10/1992)

Aug. 10, 1992

Aug. 10, 1992

USCA # 92-5286 assigned for cross-appeal [89-1] by FOUAD YACOUB RAFEEDIE (sm) (Entered: 08/10/1992)

Aug. 10, 1992

Aug. 10, 1992

90

NOTICE OF FILING by plaintiff(s) FOUAD YACOUB RAFEEDIE of statement of issues (sm) (Entered: 08/11/1992)

Aug. 10, 1992

Aug. 10, 1992

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Feb. 12, 1988

Closing Date: June 5, 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Permanent resident alien challenging the government's initiation of summary exclusion against him.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - judicial review

Deportation - procedure